Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1887-09-21
A r Pai sons

y sbS. s'fSS ShSVN
aged. aided, and abetted such throwing. som
OF the counts charge that said defendants ad
yised, encouraged. aided, and abetted ons
RudolI h Schnaubelt i'll the preparation OF thu
crime; others. that they advised. encouraged,
aided and abetted an unknown person in the
preparation thereof.
The statute ON this subject reads:
sec. 2. An accessory is he who stands by an
aids, abe s, or assists, or who, not being pres
ent, aiding, ~abetting, or assisting, hath at
vised. encouraged. aided or abetted the perpT-
tration q the crime. He who thus aids, abets,
assists, advises or encourages shall be con
sidered as principal and punished accordingly.
Every such accessory, when q crime il coIn-
mitted within or without this state by his aid
or procurement in this State. may be indicted
and convicted ut the same time us the princi
pal. or before or after his conviction, and
whether the principal is convicted or amenabls
to justice or not, md punished as principal.
In consideration Of this statute the court asks
Did the defendants have o common purpose
or design to advise. encourage, aid. or abet the
murder OF the police?
Did they combine together and with others
with a view to carrying that purpose or design
into effect?
Did they, or either. or any OF them. do such
acts or make such declarations in furtherane
of the CONNIE purpose or design as did actually
have the effect OF encouraging, aiding. or ab.t
ting the crime in question:
Tho questions are based on the propositions
of law as laid down by the court and sustained
by previous decisions of this and other states.
The premises nre held that il the defendants
advissd d, encouraged, aided, or Allotted the kill-
ing Of Deegan they are ne guilty as though they
took his life with their own hands, II any of
them stood by and aided, ahette d, or assisted
in the throwing Of the bomb. those Of them who
did so are as guilty as Though they threw it
themselves.
Joined to this is the charge that the defend.
ants formed a common purpose aud were
united in a comm on design to aid and eneour-
age the murder of the policemen among whom
this bomb was thrown. II they combined to ac-
complish such murder by concerted action the
ordinary law of conspiracy is applicable, aud
the acts and declarations OF one OF them. done
in furtherance of the common design, are. in
contemplation Of law, the acts and dec larations
Of all. This prosecution, however, ia not for
conspiracy rs n substantive crime. Proof Of
conspiracy Ia only proper SO far us it may I nd
to show a common design to encourage the
murder charged against the rlsont RS. 1t may
be introduced for the purpose OF est blishing
the position OF the members of the combination
as accessories t tho crime of murder.
Also the statute aboiishes ths distinction be-
tween accessor. es before the fact and principals,
BY II all accessories before the fact are made
prineira's, As the acts OF the principal are
thus made the acts of the accessory, tho latter
may be charged rs having done the acts him
self, and may be indicted and punished accord
ingiy.
Following the propositions OF law above laid
down. the court holds that the evidence under
them amply sustains the charge that the de-
PENDANTS were engaged In q great conspiracy to
overthrow the Law, and that the throwing of
the bomb in Haynarket Square on the evening
OF May 4 was the direct result of that conspir.
scy. First, there was Mt that time existing in
Chicago nm organization Of Socialist, or An
nrchists whose purpose was the overthrow OF
oil laws which were enacted for the protection
Of private property. This oyerthrowal YVES to
be accomplished by force. The organization
was q national one, divided into groups. eighty
in all, of which there were located in Chicago,
the North Side. with headquarters at No. 81 City,
bourn avenue; the Northwest sid, No, 63B
milwaukee, avenue the American, No 81 West
Lake street: the Karl Marx, No 63 Emma
street. the Southwest. No I'll Throop street;
the Jefferson, No. 60 Milwaukee avenue, and
the f~reiheit. on sherman street. Schw alb,
Neebe, snl Lineg belonged to the North Side
group Engel and Fischer to the Northwest
81 les. lnrsons. and FL lden to the American.
Connected with these groups were armed Sec
one thousand drilled hen, and these soldiers
were known by numbers insteed Of names. de-
sire for secrecy being 30 great The other armed
sections were tote commanded by details from
the Lehr und Weir verein If called into action.
The proof shows that It was this organization,
which called the meeting Of May !. during
spherical in shape, filed with dynamite and
lighted by a fuse, The globe was OF composite
metal mainly tin and lead, with q trace OF anti
mony. This composition ID n I "A commercial
metal, and yet Lingg was discovered making
bombs Of exactly the same material. Of the
same form; and corresponding SO nicely, that
Newmarket bomb together. also fitted the
thr, ads Of other bolts found in Iinrg'a room.
and which were intended to he ii together other
similar bombs.
The evidence also shows that the meeting Of
May 4 vas the result OF a previous conference
at which all the defendants took part that the
call for the meeting, the word .rsite," was
printed in " newsps pcrs which soine OF the
defendants controlled that at that meeting
when = speaker said @Wo are paaceabie.s' he
the mountaineering, and inlmedi ately the bomb
was thrown.
presence at the meeting. The times were
troublous, strikes were everywhere. There had
been trouble at McCorinick's the day before,